Simple Assault Lawyers in Edison NJ
Every year Edison Police charge dozens of people with the criminal charge known as Simple Assault pursuant to 2C:12-1A. Simple assault is a disorderly persons offense (also known as a misdemeanor) which means you will have to appear in Edison Municipal Court at 100 Municipal Boulevard in Edison Township to defend against the charges filed against you. You can be charged with simple assault based on a wide array of facts but most commonly it is based on allegations of domestic violence. Other cases of simple assault can be the result of a neighbor dispute, road rage, or a bar fight. If you find yourself charged with a simple assault in Edison, New Jersey then it is in your best interest to get an experienced criminal defense attorney on your side. Assault cases in particular can be hard fought and drawn out, especially if you have an angry victim who is out for vengeance. However, even in situations where an alleged victim does not want to participate in the trial, the prosecutor and judge will typically not just agree to dismiss a case because it sets a bad public policy standard. This means you often need an aggressive defense attorney to attack the victim’s accusations and prosecutor’s case against you to push for a dismissal or downgrade that does not result in a criminal conviction. At William Proetta Criminal Law, our attorneys have helped dozens of clients beat simple assault charges in Edison, New Jersey so that they could on with their lives without the stigma of a conviction. To learn more, contact our Edison office today to schedule a free confidential consultation with one of our attorneys who can speak with you about the specifics of your case.
What Does Simple Assault Mean?
Simple assault is New Jersey’s version of “lesser assault” which means the alleged victim did not suffer a significant injury. In cases where the injuries are more serious, you will be charged with Aggravated Assault, which is an indictable crime (felony). If it becomes apparent later on that the victim’s injuries are more severe or will result in a permanent injury such as disfigurement or loss of a bodily sense then the charges can be upgraded to an Aggravated Assault. The assault statute outlines three (3) different ways you can be charged with simple assault which we have listed below for your convenience
(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2)Negligently causes bodily injury to another with a deadly weapon; or
(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
As you can see, simple assault can take many different forms. For instance, most people do not know that you can be charged with simple assault even if you did not actually hit or strike anyone. You can also be charged with simple assault if you injured someone by accident if a weapon or an object that could be used as a weapon.
Can I Go To Jail For Simple Assault?
Yes you can but it is normally rare. Simple assault under 2C:12-1a is a disorderly persons offense that is punishable by up to 6 months in the Middlesex County Jail. At the time of sentencing the Judge has to weigh the aggravating and mitigating factors of your case. The general argument is that if it is your first offense you should have a presumption against incarceration. But if the judge finds that the aggravating factors substantially outweigh the mitigating factors, the presumption can be overcome and you can be sentenced to a term of county jail. Our assault defense attorneys pull upon their years of trial experience and hard fought negotiation tactics to insulate you from such an outcome. With the help of an experienced criminal attorney you can not only avoid the nightmare scenario of going to jail but also have a much better chance of avoiding a criminal conviction altogether.
What Are the Penalties for Simple Assault
Aside from potential jail time, a conviction for simple assault can carry long lasting and, sometimes, devastating, consequences. The most obvious penalty is a criminal conviction on your permanent record that can be an embarrassing reminder and affect employment opportunities for years to come. The judge can also sentence you to probation that can be a long term burden as you try to move forward with your life in a positive direction. A conviction for simple assault can also carry long term collateral penalties that include immigration consequences and loss of gun rights. If convicted of simple assault you could be subjected to removal proceedings, be prevented from becoming a U.S. citizen, or not be allowed to return to the country if you leave voluntarily.
Is Simple Assault the Same As Domestic Violence?
Some people get these two terms confused. “Domestic violence” is actually a category of crimes that involve criminal charges against another when there is a domestic relationship. Typically, this is when the people are dating or married but can also include family members and roommates. The vast majority of simple assault cases we see in court involve domestic violence allegations because the victim and defendant are related or in a romantic relationship. In domestic violence situations, one party will normally call the cops to the scene. Once the police get there they will conduct an investigation by interviewing both parties and looking for any physical evidence like a bruise or cut. Once the police determine who they believe the initial aggressor is they will arrest the defendant and charge them with a crime. In situations where the defendant is charged with a simple assault, the police will ask the victim if they want to also apply for a temporary restraining order (TRO) based on the circumstances. If the victim gets a TRO it will make matters even more complicated because you will have to defend yourself against two separate cases in two different courts before different judges. To learn more about domestic violence charges in Edison feel free to visit our page on the subject or contact our office.
How Can A Lawyer Help Defend Me Against Simple Assault?
At William Proetta Criminal Law we routinely represent clients against Simple Assault charges in Edison Municipal Court. We have an established rapport with the court and prosecutors that has been earned from over a decade of hard fought cases. We will look to work out a negotiated deal that results in a dismissal or downgrade to a non-criminal offense to avoid any negative penalties. In the alternative, if the prosecutor or alleged victim gives any push back, our experienced trial attorneys will provide a strong and effective defense to challenge the allegations against you at trial. In the overwhelming vast majority of times, we are able to secure resolutions that result in no criminal conviction for our clients. If you are interested in learning more about possible representation, contact our Edison office for a free and confidential consultation.